Citation Nr: 0116890
Decision Date: 06/22/01 Archive Date: 06/28/01
DOCKET NO. 99-10 153 ) DATE
)
On appeal from the decision of the
Department of Veterans Affairs Regional Office in Des Moines,
Iowa
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
J. L. Prichard, Counsel
THE ISSUE
Entitlement to the construction of an enclosed porch studio
for photography and drawing as part of the veteran's program
of independent living services.
INTRODUCTION
This matter comes before the Board of Veterans' Appeals
(Board) on appeal of decisions of the Des Moines, Iowa,
regional office (RO) of the Department of Veterans Affairs
(VA).
FINDINGS OF FACT
1. The veteran in this case served on active duty from
November 1945 to September 1948.
2. On May 30, 2001, the Board was notified by the VA RO in
Des Moines, Iowa, that the veteran died on March [redacted], 2001.
CONCLUSION OF LAW
Because of the death of the veteran, the Board has no
jurisdiction to adjudicate the merits of this claim. 38
U.S.C.A. § 7104(a) (West Supp. 2000); 38 C.F.R. § 20.1302
(2000).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Unfortunately, the veteran died during the pendency of the
appeal. As a matter of law, veterans' claims do not survive
their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44
(Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34
(1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994). This
appeal on the merits has become moot by virtue of the death
of the veteran and must be dismissed for lack of
jurisdiction. See 38 U.S.C.A. § 7104(a) (West Supp. 2000);
38 C.F.R. § 20.1302 (2000).
In reaching this determination, the Board intimates no
opinion as to the merits of this appeal or to any derivative
claim brought by a survivor of the veteran. 38 C.F.R.
§ 20.1106 (2000).
ORDER
The appeal is dismissed.
F. JUDGE FLOWERS
Member, Board of Veterans' Appeals